Crimes (Document Destruction) Act 2005 Passed By Victorian Parliament

Update on Document Retention: Procedures for In-House Counsel seminar

Further to our recent seminars conducted on this topic, the Crimes (Document Destruction) Act 2005 ("the Act") was passed by the Victorian Parliament on 4 April 2006.

It will commence operation on 1 September 2006 but its provisions will have retrospective application.

The Act is the first criminal legislation of its kind in Australia which seeks to deal with the destruction of documents prior to the commencement of litigation. It was introduced by the Victorian Government in response to the controversial case of Roxanne Joy Cowell (representing the estate of Rolah Ann McCabe deceased v British American Tobacco Australia Services Limited (the "McCabe Case").